Mecklenburg County recently settled with Arjan Jagtiani, an Indian Trail man, for injuries he sustained at a park function in Cornelius. Mr. Jagtiani attended the function on May 23, 2010, during which, a stack of chairs fell on him as they were being moved. During mediation, the County agreed to pay Jagtiani $170,000 for his injuries.
Although Mecklenburg County agreed to settlement, the County refused to concede liability for the accident and the Plaintiff's resulting injuries. Rather, the County agreed to settle the case instead of risk the possibility of a larger verdict at trial. Mecklenburg County's attorney stated that it would be better for the County to pay some money for Jagtiani's injuries rather than risk the costs of potential litigation. Such costs include additional case expenses that quickly increase as a case proceeds to the trial stage.
Mr. Jagtiani's case illustrates several points for individuals to consider when initiating a case. First, Mr. Jagtiani's case demonstrates that it is possible for one to recover against a governmental entity. When encountering an injury, many may find it a daunting task to initiate a claim for damages against a Defendant and their insurer. This task can be considered even more daunting when a governmental agency is involved, either discouraging the injured from pursuing the claim or resulting in diminished hopes of recovery. It is important to note that each case must be individually analyzed to determine whether recovery is possible against a potential Defendant. Further, a case must be properly prepared to determine the full value of a matter. However, as Mr. Jagtiani's case illustrates, damages can be recovered with the aid of a competent attorney in personal injury.
The settlement in Mr. Jagtiani's case is also noteworthy as it illustrates the value of mediation and settlement for both parties. Mecklenburg County chose to settle the case to avoid expenses of future litigation and the potential for a larger jury verdict. Mecklenburg County also avoided the issue of liability, which the Defendants did not have to admit with the settlement.
It is always important to retain a competent Charlotte personal injury attorney to examine the particular facts of your case, including the potential advantages and disadvantages of settlement in light of those facts. From the Plaintiff's standpoint, settlement is a viable option when pending litigation may be complex and difficult to succeed. From the defendant's standpoint, settlement may be more beneficial for cost analysis and liability factors, as in Mecklenburg County's case. For both parties, settlement may sense to avoid expensive litigation costs. The earlier that you obtain a Personal Injury attorney, the earlier your attorney can determine which options to pursue in your case.
CharlotteObserver.com, County settles with injured man, 01/18/12
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